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Patna High Court

Pinki DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted to the petitioner as no offence under the Act is made out and she is a first‑time offender, subject to conditions.

Summary

Pinki Devi sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 30 litres of country‑made liquor seized during a police raid. The prosecution alleged that she escaped from the scene and was identified by locals, while the petitioner contended she had no criminal antecedent, no possession of the liquor, and was named out of personal enmity. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) where no offence is established, the Court examined the merits. Considering the petitioner’s clean record and the lack of concrete evidence, the Court granted anticipatory bail with a cash bond and several conditions, including regular police appearances and non‑interference with witnesses. The order directs that she be released on bail if arrested or surrenders within four weeks, subject to compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
  • Whether the petitioner is likely to be held liable for the alleged offence given the absence of possession and criminal antecedent.
  • Whether imposing specific bail conditions is appropriate in the circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 76(2)
  • seizure of liquor
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37754 of 2026
                          Arising Out of PS. Case No.-288 Year-2025 Thana- KOPA District- Saran
                 ======================================================
                 Pinki Devi W/O Lal Bahadur Manjhi R/O Village- Pokhar Bhinda, P.S.-
                 Kopa, Distt.- Saran.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Kumar Singh, Adv.
                 For the Opposite Party/s :        Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   01-07-2026                   Heard the parties.

                                 2. The petitioner apprehends her arrest in connection

                   with Kopa P.S. Case No. 288 of 2025 for the offence under

                   sections 30(a) of the Bihar Prohibition and Excise Act lodged on

                   24.11.2025 by the informant, Kumari Shila.

                                3. As per the prosecution story, the police upon secret

                   information, raided the place and recovered/seized 30 liter country

                   made liquor, the lady who was present there escaped and the locals

                   gave the name of this petitioner. This led to the F.I.R.

                                4. Learned counsel for the petitioner submits that

                   neither she has criminal antecedent nor anything recovered from

                   her concious possession and only due to enmity, she has been

                   named.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.37754 of 2026(2) dt.01-07-2026
                                            2/3




          the judgment of the Full Bench of Hon’ble Patna High Court in the

          case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2)

          PLJR 1089 wherein it has been held that an application for

          anticipatory bail in a case arising out of Bihar Excise and

          Prohibition Act can be maintained, despite the bar under Section

          76(2) of the Act, if on the basis of allegation made in the FIR, no

          offence under the said provision is made out.

                       6. Learned APP opposes the prayer submitting that she

          was the person who escaped when the recovery was made from an

          open place outside her house.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that she is a lady having no criminal antecedent, in that

          background, this Court is inclined to extend her the privilege of

          anticipatory bail with conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the receipt

          of this order, on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) with two sureties of like amount each to the satisfaction

          of learned Court of Special Judge (Excise) -3rd, Saran at Chapra in

          connection with Kopa P.S. Case No. 288 of 2025 subject to the

          following conditions:

                       (i)   one    of    the     bailor   should   be   the   family
             Patna High Court CR. MISC. No.37754 of 2026(2) dt.01-07-2026
                                                         3/3




                       member/relative of the petitioners who shall provide official

                       document to show his/her bona fide;

                                    (ii) the petitioners shall be appearing before the Police

                       Station as and when required for cooperating in the investigation;

                                    (iii) the petitioners shall appear before the concerned

                       police station every fortnight for six months to mark his

                       attendance and after the end of the period, the certificate shall be

                       submitted before the Trial Court failing which steps shall be taken

                       for the cancellation of the bail bonds;

                                    (iv) the petitioners shall in no way try to induce or

                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (v) the petitioners shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty to

                       take steps for cancellation of her bail bonds.



                                                      (Rajiv Roy, J)
munindra/-

U


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